There are several types of computer crimes, but some of the most high-profile examples involve hacking. With data breaches increasingly becoming daily occurrences, hackers have affected everything from the economical (including numerous retail businesses) to the political by invading every aspect of our lives. However, hacking doesn’t always rise to the level of a crime. Because of the varying degrees of hacking and its increasing prevalence in our society, it’s important to understand where the lines are drawn. Hacking is broadly defined as the act of breaking into a computer system. Hacking isn’t always a crime as “ethical hacking” occurs when a hacker is legally permitted to exploit security networks. In other words, it’s when a hacker has the appropriate consent or authorization. However, hacking crosses the criminal line when a hacker accesses someone’s computer system without such consent or authority. For instance, if an individual acts without consent or any lawful authorization (i.e. from law enforcement agency and/or a court order) and penetrates a business’ firewall to access private servers and cloud storage systems or uses phishing to install malware to desktop and laptop computers with the intent to monitor communications and activities, they can be charged with a crime. Federal Hacking LawsThere are several federal laws that address hacking, including: Computer Fraud and Abuse ActThe Computer Fraud and Abuse Act (CFAA) is the leading federal anti-hacking legislation that prohibits unauthorized access to another’s computer system. Although the law was originally meant to protect the computer systems of U.S. government entities and financial institutions, the scope of the Act expanded with amendments to include practically any computer in the country (including devices such as servers, desktops, laptops, cellphones, and tablets). Criminal Penalties Under the CFAA• Obtaining National Security Information : 10 years; 20 years maximum for a second conviction. Civil Violations Under the CFAAAlthough the CFAA’s penalties are mostly for criminal violations, the 1994 amendment expanded the Act to include causes of action for civil suits, in addition to criminal prosecution. Other Federal Hacking LawsThe Stored Communications Act mirrors the prohibitions of the CFAA and protects stored electronic communications and data or data at rest (including email, texts, instant messages, social media accounts, cloud computing and storage, and blogs/microblogs). There is a lot of overlap with the CFAA and often hackers will be in violation of both statutes. The EPCA, a counterpart law to the SCA forbids intentional interception of electronic communications in transit or “data in motion,” rather than “data at rest.” Hacking Laws: State LawsAlthough much of the focus is on federal laws, states have enacted hacking laws as well. While every state has computer crime laws, some states address hacking more specifically with laws that prohibit unauthorized access, computer trespass, and the use of viruses and malware. Hacking Laws and Punishments with an AttorneyLaws at both the federal and state level provide both protections and limitations concerning hacking. If you’re charged with a hacking offense and are concerned about how hacking laws and punishments apply to your situation, you should turn to an attorney who understands the complexity of the law. Contact a skilled criminal defense attorney near you today for help with this serious matter. What are some Examples of Cyber Crime?Cyber crimes can be criminal transactions as well as intrusions or breaches of privacy. Cyber crimes can also disrupt normal access to the internet. Some examples of cyber crimes include: • Identity theft: This can occur when someone steals another’s personal information typically for their own financial gain. Identity theft is often achieved through a phishing scheme to illegally get access to unsuspecting victims’ bank accounts or credit cards; How can I Protect Myself from Cyber Crime/Site Hack?While there is no full-proof protection against cyber crimes/site Hack, there are many steps individuals, businesses, organizations and governments can take to help avoid becoming a target of such criminal activity. Cyber Crime/Site hack PunishmentsState laws vary on the punishments imposed against cyber criminals or site hackers. Depending on the particulars of the crime and the state involved, the weight of the offense can shift from a misdemeanor to a felony. Monetary fines, jail time and probation are all possibilities if convicted of a cyber crime. Often times, with cyber crimes, the Federal Bureau of Investigation (FBI) is also involved in the investigation and prosecution. Typically, this is because in dealing with internet crimes, while state lines may not be physically crossed more than one state is involved and thus makes it a federal matter. Also, the FBI is the lead investigating group against terrorism. So, if the cyber attack deals with terrorism, the FBI is involved with the case. Federal penalties can often be more severe than state penalties. Possible criminal defenses to cyber crime include: Should I Speak with a Cyber Crime Lawyer/Site Hack Lawyer?Yes. You should. Whether you are a victim of a cyber crime or you have been accused of a cyber crime or site Hack, it is imperative to speak to a Lawyer that has the knowledge and experience to assist you. Cyber crimes are vast, complex and ever-evolving. These crimes may involve both state and federal rules, regulations, laws and punishments. What Are Things That A Hacker Can Do To Me?While your computer is connected to the Internet, the malware a hacker has installed on your PC quietly transmits your personal and financial information without your knowledge or consent. Or, a computer predator may pounce on the private information you unwittingly revealed. In either case, they will be able to: Some of the ways an attorney may be able to help you includes: What is a Identity Fraud Reimbursement ProgramAn Identity Fraud Reimbursement Program is a financial product that provides protections for consumers against fees, expenses and financial penalties in the event of identity theft. An Identity Fraud Reimbursement Program provides consumers with a variety of protections in the event of identity theft. Sometimes referred to as identity theft insurance, these policies are offered both as stand-alone policies and as add-ons to other types of insurance policies such as homeowners insurance and car insurance. Some homeowners policies, for example, automatically offer some basic protections against theft of cash or credit cards, and offer an additional rider for increased identity theft protection for an extra fee. Identity fraud reimbursements can cover a variety of direct and indirect costs. Direct costs include reimbursement and restoration of stolen funds. Indirect costs include legal fees, lost wages, notary fees, postage and other expenses accrued in the wake of an incident of identity theft. In addition to reimbursement protections, identity theft protection programs also often provide information and services geared toward preventing identity theft and restoring compromised credit scores. The Impact of Identity Theft and Identity Fraud Reimbursement Programs Site Hack AttorneyWhen you need a site hack attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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